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(영문) 대구지방법원 2019.03.27 2018나309826
구상금
Text

1. The instant lawsuit was concluded on December 15, 2018 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

1. The following facts are apparent in the records of recognition:

The judgment of the court of first instance was sentenced on June 8, 2018, and the defendant filed an appeal against the judgment of the court of first instance on June 18, 2018.

B. The Defendant did not appear on October 10, 2018, when filing an application for permission to make a written statement, and on November 14, 2018, at the first date for pleading and the second date for pleading on November 14, 2018.

The plaintiff's legal representative was not present on the date of the first pleading, and was present on the date of the second pleading, but did not present.

C. After that, on December 26, 2018, after one month from the date of the second pleading, the Defendant filed a written objection disputing whether to deem the withdrawal of an appeal as the withdrawal of an appeal.

This court designated and notified the third date for pleading as 10:40 on March 6, 2019, but the defendant again submitted a written reason for non-appearance and did not appear.

2. According to Articles 408 and 268(1) and 268(2) of the Civil Procedure Act, when both parties to an appellate trial have failed to appear or present at the meeting on two occasions during the period of the appellate trial, the court shall apply for the designation of the date within one month, and the appeal shall be deemed to have been withdrawn unless the party fails to apply for designation of the date within

As seen earlier, the Defendant was absent on the date for the first and second pleadings of the court of first instance upon receipt of legitimate date, and the Plaintiff’s legal representative was not present on the date for the first pleading, and was not present on the date for the second pleading, but did not appear on the date for the second pleading. The Defendant did not file an application for designation of the date within one month from November 14, 2018, which is the date for the second pleading. As such, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on December 15, 2018, which was one month from the date for the second pleading.

3. Conclusion, the instant lawsuit was concluded as deemed the withdrawal of the Defendant’s appeal on December 15, 2018. However, the Defendant’s submission of a written objection, etc. is disputing the instant lawsuit, thereby making a declaration of termination of the lawsuit.

The judgment of the court of first instance is rendered.

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